Ausdrill Tanzania Ltd versus Mussa Joseph Kumili and Another; Civil Appeal No. 78 of 2014; Court of Appeal of Tanzania at Mwanza (Unreported).
- Civil Procedure
- Right to be heard – Judge deals with a point in the course of composing judgment suo motu- whether proper.
- Administrative Law
- Natural Justice – right to be heard – when applies?
Held:-
(i) When a judge observes a defect in the course of composing a judgment / ruling, he should stop composing the judgment and re-summon the parties with a view of requiring them to address him on the point. Only then that he can properly continue writing the judgment.
(ii) Right to be heard (audi alteram partem) is a fundamental principle which the courts of law jealously guard against. In this country natural justice is not merely a principle of common law; it has become a fundamental constitutional right. (Article 13 (6)(a).